Grosche v Ducie; Badran v Saman [2019] NSWLC 6

Local Court New South Wales

Medium Neutral Citation: Grosche v Ducie; Badran v Saman [2019] NSWLC 6 Hearing dates: 8 March 2019 Date of orders: 08 March 2019 Decision date: 08 March 2019 Jurisdiction: Civil Before: Magistrate S McIntyre Decision: Default judgement set aside Catchwords: CIVIL PROCEDURE – Default judgement – setting aside

CIVIL PROCEDURE – Pleadings - Loss of use - irregular pleadings – timing of service Legislation Cited: Interpretation Act 1987 (NSW) s 76 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) rr 10.1, 10.20, 14.13, 16.6, 36.15 Cases Cited: Arnold v Forsyth [2012] NSWCA 18 Fenanto v Chief Commissioner of State Revenue (2010) 78 NSWLR 20 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2008] NSWCA 206 Johnsen v Duks (1962) 80 WN NSW 272 Ken Tugrul v Tarrants Finance Consultants Limited (No 5) [2014] NSWSC 437 Category: Procedural and other rulings Parties: Applicants on NOM: Amos Grosche and Sule Sarman

Respondents on NOM: Rachel Ducie and Eman Badran Representation: Mr K G Oliver for both Applicants on Notice of Motion Solicitors: William Roberts Lawyers Mr W Richey for both Respondents on Notice of Motion Solicitors: Martin P Board and Associates File Number(s): 2018/00316714; 2018/00244653 Publication restriction: Nil

Judgment 1. Mr Grosche is the applicant on the notice of motion (NOM) and the defendant in the default judgment. The NOM prayed, via a number of grounds, for the Court to set aside the default judgment which was entered on 22 November 2018 in the amount of $2,639.12. 2. As has been submitted, particularly by the respondent, these are matters that ultimately revolve around default judgments entered in the Small Claims Division, for (in the whole scheme of things) fairly minor amounts of money. It is in my view however an issue that has been worthy of consideration by this Court - given the amount of resources that are expended across all jurisdictions in relation to motor vehicle accident claims and particularly replacement/car hire vehicle issues. 3. The Court has looked closely at the way the pleadings have been prepared in these matters, and has had cause to focus on the conduct of the parties involved, particularly in relation to their filing of claims and motions on-line, and how it is that these default judgments are obtained so expeditiously.